A permit to build wind turbines may be refused because of their co-visibility with historic monuments

A prefect refuses to grant a business authorization to operate a fleet of five wind turbines on the territory of a commune. The business then seeks the annulment of that decision before the Administrative Court. It rejects his application, taking the view that the ground that those wind turbines would be visible from a protected site could validly form the basis for the refusal to issue the corresponding building permit. The business is appealing this decision.

The Administrative Court of Appeal quashed the administrative court's judgment, finding that the criterion of covisibility with historic monuments could not be usefully invoked to refuse the requested authorization, because of the location of the project. In its view, that criterion could not characterize an infringement contrary to theArticle R111-27 of the city planning Code, provided that the wind turbines are located outside the protection perimeter of the historic monuments.

The Minister of the Ecological Transition is asking the Council of State to overturn this decision.

The Council of State quashes the judgment of the Administrative Court of Appeal, specifying how to identify whether buildings may harm the character or interest of nearby places, sites, natural or urban landscapes or the conservation of monumental perspectives, and thus justify the refusal of building permits. It states that it is for the competent administrative authority to assess the quality of the site concerned by the project and then to assess the impact that this construction, given its nature and its effects, could have on the site. This, taking into account, under the supervision of the judge, all relevant elements and in particular, where appropriate, the co-visibility of the project with remarkable buildings, whatever the protection they otherwise enjoy under other legislation.

Thus, according to the Conseil d'État, in order to justify the refusal to issue a building permit, the criterion of co-visibility with historic monuments may be assessed independently of their perimeter of protection.